Statement of case in support of a Determination that a statutory EIA is not required

This is a relevant project in terms of section 55A(16) of the Roads (Scotland) Act 1984 as it is a project for the improvement of a road and the completed works (together with any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps, or other such facilities or stores required during the period of construction) are situated in whole within the Cairngorms National Park, which is a sensitive area within the meaning of regulation 2(1) of the Environmental Impact Assessment (Scotland) Regulations 1999.

The project has been subject to screening using the Annex III criteria to determine whether a formal Environmental Impact Assessment is required under the Roads (Scotland) Act 1984 (as amended by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017). Screening using Annex III criteria, reference to consultations undertaken and review of available information has not identified the need for a statutory EIA.

The project will not have significant effects on the environment by virtue of factors such as:

Characteristics of the scheme:

• Construction activities are restricted to an area of 0.276 ha along the A9 for a length of 425m.
• Works are not expected to result in significant disturbance to nearby receptors or protected species that may be present in the wider area.
• No INNS have been recorded within the scheme extents.
• The risk of major accidents or disasters is considered to be low.
• Any potential impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase.
• Residual impacts are considered to be beneficial for the travelling public which may use this stretch of carriageway. In addition, improved road surface will reduce the road noise levels and in turn will reduce disruption to the receptor located in proximity to the scheme.

Location of the scheme:

• A HRA Proforma was conducted due to proximity and ecological connectivity with the River Tay SAC and no LSE of the works on the designated features of the site were identified.
• The scheme will be located within the existing A9 trunk road boundary.
• The scheme is located within the Cairngorms National Park. Resurfacing works entail like-for-like resurfacing and no change to the visual landscape is expected.
• There are no residential or commercial properties located within 300m of the scheme.
• The site compound will be located on made ground within TM.

Characteristics of potential impacts of the scheme:

• Measures will be in place to ensure appropriate removal and disposal of waste.
• Works are programmed to be of short duration during daytime working hours.
• The SEMP will include plans to address environmental incidents.
• Mitigation measures detailed above and in the SEMP will be put in place with the objective to prevent and, if required, subsequently control any potential impacts on sensitive receptors.
• In the event that INNS are found on site, measures to prevent potential INNS spread will be implemented.